Karu Yadav @ Karu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34708 of 2025 Arising Out of PS. Case No.-904 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Karu Yadav @ Karu Kumar S/O Balchand Yadav Resident Of VillageBarawa, P.S- Rajauli, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail in connection with Nawada (Excise) P.S. Case No.904 of 2024 lodged on 24.12.2024 under Sections 30(a) and 47 of the Bihar Prohibition and Excise (Amendment Act 2018 and 2022).
3. As per the prosecution, the total recovery of 120 litres of illicit country made wine have been made from two motorcycle, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.34708 of 2025(2) dt.04-06-2025 2/3 further submits that the petitioner has been falsely implicated in the present case. He further submits that petitioner has not been apprehended from the place of occurrence and he is not registered owner of the said motorcycle. He further submits that his name has figured in this case by virtue of disclosure of the local persons. Counsel submits that petitioner is in custody since 19.04.2025 having one criminal antecedent.
5. Counsel further submits that in the earlier case also, his name has figured by disclosure of the local persons. He further submits that one of the co-accused has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 12.05.2025 passed in Cr. Misc. No.29248 of 2025.
6. Learned APP for the State opposes the prayer for bail and submits that petitioner's antecedent is not clean. There is one criminal case pending against him.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Court, Excise-2, Nawada in connection with Nawada (Excise) P.S. Case No.
Patna High Court CR. MISC. No.34708 of 2025(2) dt.04-06-2025 3/3 904/2024, subject to the following as laid down under Section 480(3) of the BNSS.
(Dr. Anshuman, J.) Siddharth Sagar/- U T